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Chargeback vs Section 75

Chargeback is not enshrined in law but is part of Scheme Rules, which participating banks subscribe to.

Debit cards It applies to all debit cards goods, although exact rules may vary between the Visa, Maestro and American Express networks.

Credit cards Chargeback is particularly useful where the cost of the goods or services was under £100 and Section 75 doesn't apply. For all credit card transactions over £100 you also have rights under Section 75 of the Consumer Credit Act.

In summary

Chargeback is not enshrined in law but is part of Scheme Rules, which participating banks subscribe to

You also have rights under Section 75 for goods costing more than £100 if paid by credit card

Chargeback can apply if goods are damaged, not as described, or the merchant has ceased trading

When can chargeback be used?

Chargeback can be used in cases of goods not arriving at all, goods that are damaged, goods that are different from the description, or where the merchant has ceased trading.

You can ask your card provider to try to claw back the money you paid, or part of it, using our template letter to make a chargeback claim.

If, for example, you ordered two items but only one arrived, you can ask for the money back on the item you didn't receive. But you can't claim back the cost of fixing a faulty item.

Chargeback doesn't mean there is joint liability on the card company. Claims must be addressed to the bank that provides your debit or credit card, which in turn will put in a request to the merchant's bank.

As a result, you could get your money back from the merchant's bank if the money is there to be recovered.

But, there are no guarantees your bank will be able to recover the money through chargeback, or that the trader will accept that you were justified in taking the money back.

The trader could argue that you're in breach of contract for not paying.

Conditions of chargeback

The main requirement for getting your money back through chargeback is evidence that there's been a breach of contract.

Time limit There is a time limit on chargeback claims - typically 120 days. When this starts depends on the specific circumstances but will usually be from the day you become aware of a problem. There is also an overall cut off point of 540 days for Visa chargeback from the date of the transaction.

Shop/online purchase In the case of tangible goods that you've purchased from a high street shop or an online retailer, the time limit on chargeback would start from the day you receive your items.

Flight purchase In the case of an airline going bust after you've booked a flight, the breach of contract would be from the day the flight was due to depart. However, if an airline had told you at an earlier date that the flight would not be going ahead, the breach of contract that allows for chargeback would not apply.

Chargeback troubleshooting

If you have any trouble when putting in a claim to your credit or debit card provider, ask to speak to a supervisor.

Chargeback is not very well known about and some bank staff may not be aware of this rule.

If your card provider rejects your chargeback claim, you can take your case to the Financial Ombudsman Service within six months of your final correspondence.

Can't get your money back?

If you're having trouble getting your issue resolved, you can speak to a Which? Legal expert for tailored advice and clear steps to follow to get what you're entitled to.

We're not on the clock so for just £43 you can talk as long as you want, and call us whenever you need.